Child Custody – Parental Responsibilities

Child Custody: Understanding Parental Responsibilities

What is Child Custody or Parental Responsibilities?

The traditional term of child custody has taken on various forms depending on what state one lives in. In Colorado, child custody is generally referred to as parental responsibilities. Parental responsibilities consist of two basic categories: parenting time and decision making. In regard to parenting time, this refers to how much time the child spends with each respective parent following a divorce. As for decision making, this refers to who makes decisions regarding major issues pertaining to the child after a divorce.

Types of Parenting Time Arrangements

There are several types of parenting time arrangements. Some divorced parents enter into a parenting plan that allows the child to split time between the parents on an equal basis. Other divorced parents may seek an unequal amount of parenting time in which the child primarily resides with one parent. In the end, the Court looks to what is in the best interests of the child.

Factors Courts Consider for Allocating Parenting Time

Courts prioritize the best interests of the child and per the statute take into account the following factors when making decisions on parenting time:

(I) The wishes of the child’s parents as to parenting time;

(II) The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;

(III) The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child’s best interests;

(III.5) Any report related to domestic violence that is submitted to the court by a child and family investigator, if one is appointed pursuant to section 14-10-116.5; a professional parental responsibilities evaluator, if one is appointed pursuant to section 14-10-127; or a legal representative of the child, if one is appointed pursuant to section 14-10-116. The court may consider other testimony regarding domestic violence from the parties, experts, therapists for any parent or child, the department of human services, parenting time supervisors, school personnel, or other lay witnesses.

(IV) The child’s adjustment to his or her home, school, and community;

(V) The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;

(VI) The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; except that, if the court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party’s protective actions shall not be considered with respect to this factor;

(VII) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;

(VIII) The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;

(XI) The ability of each party to place the needs of the child ahead of his or her own needs.

CRS Sec. 14-10-124.

Factors Courts Consider for Allocating Decision Making

In regard to allocation decision making, the Court considers other factors separate and apart from parenting time but continues to focus on the overall concept of what is in the best interests of the child. These factors include the following:

(I) Credible evidence of the ability of the parties to cooperate and to make decisions jointly;

(II) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support that would indicate an ability as mutual decision makers to provide a positive and nourishing relationship with the child;

(III) Whether an allocation of mutual decision-making responsibility on any one or a number of issues will promote more frequent or continuing contact between the child and each of the parties.

CRS Sec. 14-10-124.

The Parenting Plan

In the context of divorce proceedings, the parties can submit a mutual parenting plan or their own parenting plan if the parental responsibilities are contested. Either way, the Court must still approve the parenting plan and find it is in the best interest of the child. A parenting typically includes some of the following:

• Actual schedule for when the child will be in the physical custody of each parent
• Holiday and vacation arrangements
• Decision making allocation regarding health care, religion, and education
• Communication methods between parents
• Dispute resolution procedures

Modifying Parental Responsibilities or Child Custody Orders

Parental Responsibility orders can be modified but certain standards have to be met to obtain a modification. Generally speaking, a substantial and continuing change in circumstances should occur to allow for modifications.

Child Support and Custody

Child support has some connection to parenting time and is generally determined based on a formula in Colorado. Factors affecting child support include:

• Income of both parents
• Amount of time each parent spends with the child
• Child’s needs (education, healthcare, etc.)